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Nectar Health (formerly Gutify Health) Website & Services Terms of Use

DO NOT USE THE WEBSITE, THE SERVICES OR THE SERVICE MATERIALS FOR EMERGENCY MEDICAL NEEDS.  IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.


1. APPLICATION OF TERMS

1.1 These Terms apply to your use of the Website, the Services and the Service Materials.  By accessing and using the Website:
a) you agree to these Terms; and 
b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, the Services and the Service Materials (as applicable) and you must immediately stop doing so.  

2. CHANGES

2.1 We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms. 

2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3 These Terms were last updated on February 22nd 2021.

3. DEFINITIONS

In these Terms:

Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Website or provided to us in connection with the Services  

Fees are the applicable fees set out on our pricing pages on the Website at [insert] or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 6.4

including and similar words do not imply any limit 

Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way

Personal information means information about an identifiable, living person

Privacy Policy means our privacy policy available at https://www.mynectarhealth.com/privacy-policy 

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website 

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website 

Services means the services generally described on the Website, as the Website is updated from time to time

Service Materials means all data, content and information supplied by us to you in the course of providing the Services

Start Date means:

a) the date that you first subscribe to, access or use the Services; or

b) such other date that you and we agree in writing will be the date on which your subscription to the Services will commence

Subscription Period means the monthly subscription period for the Services or such other period as is agreed in writing between you and us

We, us or our means My Nectar Health Ltd. (formerly Gutify Ltd.)

Website means https://www.gutify.health 

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4. YOUR OBLIGATIONS 

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2 If you are given a User ID, you must keep your User ID secure and:

a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and 

b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to privacy@mynectarhealth.com

4.3 You must:

a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and 

b) unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. 

4.4 You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to privacy@mynectarhealth.com.

4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

4.6 You and your personnel must:

a) use the Website, the Services and the Service Materials in accordance with these Terms solely for your own, lawful, personal purposes; and

b) not resell or make available the Website, the Services or the Service Materials to any third party, or otherwise commercially exploit the Website, the Services or the Service Materials.

5. SUBSCRIPTION TERM

5.1 Unless terminated in accordance with clause 5.2 or clause 11.3, your subscription to the Services:

a) starts on the Start Date; and

b) continues for successive Subscription Periods until a party gives at least [30] days’ notice that your subscription to the Services will terminate at the end of the then-current Subscription Period.   

5.2 If, after four consecutive months of subscribing to the Services and incorporating the functional foods and tracking set out in the Service Materials, you have not experienced any improvement in your migraine symptoms, you may cancel your subscription to the Services with immediate effect.  Provided we are reasonably satisfied that you have complied with the programme within our guidelines, we will, at your request, provide you with a full refund of the Fees in accordance with clause 6.5.   

6. PAYMENT

6.1 You must pay the Fees.  

6.2 The Fees will be charged to your valid credit card monthly in advance of each Subscription Period.  

6.3 If we are unable to collect the Fees from your credit card for any reason, including where there are insufficient funds or your credit card has expired, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Services without giving you notice.

6.4 We may increase the Fees with effect from the start of a Subscription Period by giving at least 90 days’ notice. If you do not wish to pay the increased Fees, you may terminate your subscription with effect from the end of the then-current Subscription Period in accordance with clause 5.1.  If you do not terminate your subscription in accordance with this clause, you are deemed to have accepted the increased Fees.

6.5 If you terminate your subscription in accordance with clause 5.2, we will refund all Fees you have paid to the credit card to which those Fees were charged.  

7. INTELLECTUAL PROPERTY 

7.1 Title to, and all Intellectual Property Rights in, the Website, the Services, the Service Materials and all Underlying Systems is and remains our property (and our licensors’ property).  You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.

7.2 If you provide us with ideas, comments or suggestions relating to the Website, the Services, the Service Materials or Underlying Systems (together feedback):

a) all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and

b) we may use or disclose the feedback for any purpose on an anonymised basis.

8. DISCLAIMERS

8.1 We are not a healthcare provider and do not provide you with medical advice through the Website, the Services or the Service Materials.  

8.2 We provide no representation or warranty that any particular treatment suggested by us is or will be safe, effective or appropriate for you. Do not use the Website, the Services or the Service Materials for medical emergencies. If you think you may have a medical emergency, call 111 (or the equivalent contact number for emergency services in your region) immediately.

8.3 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a) the Website being unavailable (in whole or in part) or performing slowly;

b) any error in, or omission from, any information made available through the Website, the Services or the Service Materials;

c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

d)any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. 

8.4 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws. 

8.5 The Website, the Services and the Service Materials are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.  To the extent allowed by law, we disclaim all warranties of any kind, whether express or implied, relating to the Website, the Services and the Service Materials, including:

a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement; and

b) any warranty arising out of course of dealing, usage, or trade. 

8.6 We do not warrant that the Website will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.

8.7 Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction. To the extent that we may not disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted by law.

9. LIABILITY 

9.1 To the maximum extent permitted by law:

a) you access and use the Website, the Services and the Service Materials at your own risk; and 

b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, the Services, the Service Materials or your access and use of (or inability to access or use) each of those.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. 

9.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to the Fees paid by you.

9.3 To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, the Website, the Services, the Service Materials or your access and use of (or inability to access or use) each of those, must not exceed the Fees paid by you.  

10. PRIVACY POLICY

10.1 The way that we use and disclose your personal information is explained in our Privacy Policy.  By using the Website or the Services you permit us to collect, hold, process, use and share your personal information in accordance with our Privacy Policy at https://www.mynectarhealth.com/privacy-policy. This also concerns the communication channels for the Discovery calls, Onboarding sessions and follow up that we may hold on certain messaging and vision conference softwares. Nectar Health (formerly Gutify Health) holds no liability or responsibility in the security and safety of these softwares.

10.2 You acknowledge and agree that to the extent your Data contains personal information, in collecting, holding and processing that information through the Website or the Services, we are acting as your agent and/or service provider and/or data processor for the purposes of the Privacy Act 2020 and any other applicable privacy and data protection laws. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.

11. TERMINATION

11.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

11.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

11.3 Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Services and the Service Materials if the other party:

a) breaches any material provision of these Terms and the breach is not:

             i. remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or

              ii. capable of being remedied; or

b) becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.

11.4 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.

11.5 On termination of these Terms, you must pay all Fees for the provision of the Services prior to that termination.

11.6 No compensation is payable by us to you as a result of termination of these Terms for whatever reason and, except as set out in clause 5.2, you will not be entitled to a refund of any Fees that you have already paid.   

11.7 Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Services if we consider that you have:

a) undermined, or attempted to undermine, the security or integrity of the Website or any Underlying Systems;

b) used, or attempted to use, the Website:

               i. for improper purposes; or

               ii. in a manner, other than for normal operational purposes, that materially reduces the operational.                    performance of the Website; or

c) otherwise materially breached these Terms.

12. GENERAL

12.1 If we need to contact you, we may do so by email or by posting a notice on the Website. By providing your email address, you agree to receive electronic communications via email, and that this satisfies all legal requirements in relation to written communications.

12.2 These Terms, and any dispute relating to these Terms or the Website, the Services or the Service Materials, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website, the Services or the Service Materials.

12.3 For us to waive a right under these Terms, the waiver must be in writing.

12.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 7, 8, 9 and 12.1, continue in force.

12.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

12.6 These Terms set out everything agreed by the parties relating to your use of the Website, the Services and the Service Materials and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Website, the Services or the Service Materials that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.  

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You are free to unsubscribe to these newsletters and insights at any time by emailing privacy@mynectarhealth.com.